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  • Article

    White Collar Roundup - January 2018

    The U.S. District Court for the Southern District of Florida issued a ruling in SEC v. Herrera that might upend or at least alter the way law firms and companies cooperate with regulators in internal investigations.
    United StatesCriminal Law
    Day Pitney LLP
    Day Pitney LLP
  • Article

    White Collar Roundup, November 2010

    The depth, breadth, and power of the FCPA is a moving target, according to this FCPA Blog post. But the message from Assistant Attorney General Lanny Breuer was "loud and clear: When it comes to enforcement, damn the torpedoes, full speed ahead."
    United StatesCriminal Law
    Day Pitney LLP
    Day Pitney LLP
  • Article

White Collar Roundup, October 2010

In this detailed and insightful report, the Center for Audit Quality details how financial-accounting fraud can sometimes creep up on a company that would never have expected to become so embroiled in it.
United StatesCriminal Law
Day Pitney LLP
Day Pitney LLP
  • Article

    Connecticut Joins The Growing List Of States Banning Employers From Inquiring About Job-Seekers' Salary History

    Laws seeking to address gender-based pay discrepancies have been sweeping the nation. Elected officials have been grappling with how to address this issue, and many have taken action to do so...
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Certain Expatriate Plans Granted Transition Relief For Affordable Care Act Compliance

    Earlier this month, the Departments of Labor, Health and Human Services and Treasury (collectively, the "Departments") issued a new Frequently Asked Question ("FAQ") providing transitional relief from the Affordable Care Act’s ("ACA") group health mandates for certain insured expatriate group health plans.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Connecticut Enacts Modified "Ban the Box" Law

    Gov. Dannel P. Malloy has signed into law Public Act No. 16-83, titled "An Act Concerning Fair Chance Employment" (the Act).
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Court Validates Employee’s Electronic Acknowledgement Of Arbitration Agreement

    In Ricci v. Sears Holding Corporation, the District of New Jersey held that an employee’s electronic acknowledgement of an employment arbitration agreement constituted valid acceptance of the terms of the arbitration policy.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Department Of Labor Clarifies Same-Sex Marriage FMLA Coverage Following U.S. v. Windsor Decision

    On August 9, 2013, U.S. Department of Labor ("DOL") Secretary Thomas E. Perez issued guidance clarifying that same-sex spouses are eligible for certain Family Medical Leave Act ("FMLA") protections.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Divorcing Employees Are Protected By New Jersey Law Against Discrimination

    The provisions of the New Jersey law protecting employees from discrimination based on marital status includes employees going through a divorce.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    DOL Issues Final QDRO Regulations

    The Department of Labor ("DOL") recently issued final regulations relating to the issuance of domestic relations orders as required by the Pension Protection Act of 2006.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Dues Check-Offs Will Continue Even When The Union Contract Ends

    Collective bargaining agreements frequently contain "dues check off" provisions, which require employers to deduct union dues from their employees' wages, and to then forward those dues to the union.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    EEOC Clarifies "Reasonable Factors Other Than Age" Defense Under The ADEA

    On March 29, 2012, the U.S. Equal Employment Opportunity Commission ("EEOC") issued its "Final Regulation on Disparate Impact and Reasonable Factors Other Than Age" ("Rule").
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Employee’s Termination Considered Separate And Discrete Act For Statute Of Limitations Purposes

    The United States District Court for the District of New Jersey dismissed a former employee’s unlawful termination claim.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Employer Shared Responsibility Provisions of Affordable Care Act Delayed for Certain Employers Until 2016

    On Monday, February 10, the U.S. Department of the Treasury and the Internal Revenue Service issued final regulations that will delay the effective date of the Employer Shared Responsibility provisions of the Affordable Care Act (ACA) for certain employers until 2016.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    First Circuit Addresses Whistleblower Claims Under Sarbanes-Oxley And False Claims Acts

    In two recent decisions, the First Circuit answered questions of first impression concerning whistleblower claims under the Sarbanes-Oxley Act ("SOX") and the False Claims Act ("FCA").
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    House Bill Would Ban Criminal Background Checks For Applicants

    On July 26, 2012, Representative Hansen Clarke from Michigan introduced a bill into the House of Representatives (H.R. 6220) that would prohibit most employers from discriminating against applicants with criminal records. Specifically, this bill, titled "Ban the Box Act," would make it an unlawful employment practice for an employer to seek information about whether applicant has ever been convicted of a criminal offense.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    IRS Compliance Sale For 403(b) Plan Document Failures Ends December 31

    Earlier this year, the Internal Revenue Service's updated Employee Plans Compliance Resolution System went into effect.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    IRS Releases Procedure Updating And Expanding Retirement Plan Correction Program

    On December 31, 2012, the Internal Revenue Service released Revenue Procedure 2013-12 updating the Employee Plans Compliance Resolution System.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Just When You Thought You Knew What Constituted FMLA Leave

    Employers may need to rethink the circumstances under which employees are entitled to take leave under the Family and Medical Leave Act
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
  • Article

    Memorandum Circulated By Employer Provides Basis For Retaliation Claim

    The New Jersey Superior Court – Appellate Division recently held that summary judgment was inappropriate on a former employee’s CEPA claim where the employee claimed he was subjected to a hostile work environment and had his hours reduced after filing a class action lawsuit.
    United StatesEmployment and HR
    Day Pitney LLP
    Day Pitney LLP
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